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Piglas-kamao
FACTS : In December 1990, Mariko Novel Wares, Inc. (petitioner) began its
retail outlet operations under the name Sari-Sari in the basement of
Robinsons Galleria in Quezon City. Among its employees were: Head
Checker Ronnie Tamayo, Checker Jose del Carmen, Section
Heads Jocylene Padua,Vicky Bermeo,
and
Elizabeth Matutina (respondents), all of whom were assigned at the
Robinsons Galleria branch. Respondents organized a union known
as Piglas Kamao (Sari-Sari Chapter). At the time of the formation, the
officers of the union were respondents Ronnie Tamayo, President; Jose del
Carmen, Vice-President; and Jocelyne Padua, Secretary.Respondents claim
that petitioner, through its President, Rico Ocampo, interfered with the
formation of the union.
RATIO : Effect of Non-Verification by All Parties
Section 1 of Rule 65[29] in relation to Section 3 of Rule 46[30] of the
Rules of Court requires that a petition for review filed with the CA should be
verified and should contain a certificate of non-forum shopping.
The purpose of requiring a verification is to secure an assurance that
the allegations of the petition have been made in good faith, or are true and
correct, not merely speculative.[31] On the other hand, the rule against forum
shopping is rooted in the principle that a party-litigant shall not be allowed to
pursue simultaneous remedies in differentfora, as this practice is detrimental
to orderly judicial procedure.[32]
A distinction must be made between non-compliance with the
requirements for Verification and noncompliance with those for Certification of
Non-Forum Shopping. As to Verification, non-compliance therewith does not
necessarily render the pleading fatally defective; hence, the court may order a
correction if Verification is lacking; or act on the pleading although it is not
verified, if the attending circumstances are such that strict compliance with the
Rules may be dispensed with in order that the ends of justice may thereby be
served.[33]
sale . . . was and still is absolutely a void sale, and certainly did not
pass titles and ownerships of said lots, starting from its primitive
owner, now being represented by the plaintiffs herein, as surviving
heirs thereto, until it reaches the possession by the defendants is
a conclusion of law or an inference from (or conclusion of) facts not
stated in the pleading.
A pleading should state the ultimate facts essential to the rights of
action or defense asserted, as distinguished from a mere conclusion
of fact, or conclusion of law. An allegation that a contract is valid or
void, as in the instant case, is a mere conclusion of law.
Not being statements of ultimate facts which constitute basis of a
right of the plaintiffs, nor are they statements if ultimate facts which
constitute the wrongful acts or omissions of the defendants that
violated the right of the plaintiffs the allegations of the complaint in
the present case have not fulfilled the requirements of the rules of
court that the complaint should contain a concise statement of the
ultimate facts consulting the plaintiffs cause or causes of action.
Philippine Stock Exchange vs. Manila banking corporation
FACTS:
Philippine Bank of Communications vs. Trazo
Namarco vs. Federation of United Namarco Distributors
Bungcayao Sr. vs. Fort Ilocandia
Calibre Traders Inc. vs. Bayer Philippines
Facts: This is petition for review on certiorari assails the July 31,
2002 Decision and the December 19, 2003 Resolution of the CA that
denied petitioners action for damages against respondent Bayer
Philippines Inc. and instead granted the latters counterclaim for
P1,272,103.07, representing unpaid purchases of Bayerphil s
products. Calibre Traders, Inc. was one of Bayerphils
distributors/dealers of its agricultural chemicals within the provinces